In re Daniel M
In re Daniel M
02:10:2006
In re Daniel M
Filed 2/1/06 In re Daniel M. CA5
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
In re DANIEL M., a Person Coming Under the Juvenile Court Law.
THE PEOPLE,
Plaintiff and Respondent,
v.
DANIEL M.,
Defendant and Appellant.
F047965
(Super. Ct. No. JW106005-00)
OPINION
THE COURT*
APPEAL from a judgment of the Superior Court of Kern County. Robert J. Anspach, Judge.
Thomas M. Singman, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, John G. McLean and George M. Hendrickson, Deputy Attorneys General, for Plaintiff and Respondent.
-ooOoo-
The juvenile court placed Daniel M. on probation and ordered him to spend 60 hours in a juvenile court work program under a three-year maximum period of confinement (MPC) after finding he maliciously and intentionally maimed, mutilated, tortured, or wounded kittens in violation of Penal Code section 597, subdivision (a). On appeal, Daniel contends the prosecution failed to prove he knew the wrongfulness of his conduct and that under his right to equal protection under the law, the juvenile court should have considered imposing a shorter MPC as required when committing a minor to the California Youth Authority (CYA). We will affirm the disposition.
BACKGROUND
On November 11, 2004, David Irish was helping his daughter take care of their neighbor's cats when they discovered three decapitated kittens arranged in a semi-circle in the neighbor's backyard. Irish could not find their heads and noticed the cuts were clean with very little blood. Irish and his two sons buried the kittens in a vacant lot. Irish did not see who killed the kittens, but had seen 11-year-old Daniel in the neighbor's driveway with two or three other youths his age on previous occasions. Kern County Deputy Sheriff James Veon investigated the scene that evening and saw where Irish's family buried the kittens. Although Daniel was immediately suspected of killing the animals, the officer was unable to locate him to continue the investigation.
Irish's 18-year-old son, Tyler, was subsequently Daniel's counselor for a week at a sixth-grade nature science camp. While at the camp, Tyler asked Daniel if he â€
02:10:2006
Filed 2/1/06 In re Daniel M. CA5
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
In re DANIEL M., a Person Coming Under the Juvenile Court Law.
THE PEOPLE,
Plaintiff and Respondent,
v.
DANIEL M.,
Defendant and Appellant.
F047965
(Super. Ct. No. JW106005-00)
OPINION
THE COURT*
APPEAL from a judgment of the Superior Court of Kern County. Robert J. Anspach, Judge.
Thomas M. Singman, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, John G. McLean and George M. Hendrickson, Deputy Attorneys General, for Plaintiff and Respondent.
-ooOoo-
The juvenile court placed Daniel M. on probation and ordered him to spend 60 hours in a juvenile court work program under a three-year maximum period of confinement (MPC) after finding he maliciously and intentionally maimed, mutilated, tortured, or wounded kittens in violation of Penal Code section 597, subdivision (a). On appeal, Daniel contends the prosecution failed to prove he knew the wrongfulness of his conduct and that under his right to equal protection under the law, the juvenile court should have considered imposing a shorter MPC as required when committing a minor to the California Youth Authority (CYA). We will affirm the disposition.
BACKGROUND
On November 11, 2004, David Irish was helping his daughter take care of their neighbor's cats when they discovered three decapitated kittens arranged in a semi-circle in the neighbor's backyard. Irish could not find their heads and noticed the cuts were clean with very little blood. Irish and his two sons buried the kittens in a vacant lot. Irish did not see who killed the kittens, but had seen 11-year-old Daniel in the neighbor's driveway with two or three other youths his age on previous occasions. Kern County Deputy Sheriff James Veon investigated the scene that evening and saw where Irish's family buried the kittens. Although Daniel was immediately suspected of killing the animals, the officer was unable to locate him to continue the investigation.
Irish's 18-year-old son, Tyler, was subsequently Daniel's counselor for a week at a sixth-grade nature science camp. While at the camp, Tyler asked Daniel if he â€
| Description | A civil law decision on probation. |
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